The Oklahoma Bar Journal March 2024

DOT’s reasoning includes “(1) the increasing number of service animal complaints received ...; (2) the inconsistent definition among Federal agencies of what constitutes a ‘service animal’; (3) the disruptions caused by requests to transport unusual species of animals onboard air craft ...; (4) the increasing frequency of incidents of travelers fraudulently representing their pets as service animals; and (5) the reported increase in the incidents of misbe havior by emotional support ani mals.” 18 Deservedly, the necessity of such a flight companion, and its participation above the clouds, has been recognized as an important issue by a diverse range of petting parties involved in air travel. SERVICE ANIMALS, ASSISTANCE ANIMALS, EMOTIONAL SUPPORT ANIMALS BUT NOT THERAPY ANIMALS, ‘OH MY’: ANIMALS THAT QUALIFY definitions of service animals within Title III under Public Accommodations: “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disabil ity.” 19 As it applies to non-air travel, “any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including ... work or perform tasks for an individual with impaired vision, alerting individuals with impaired hearing to intruders, or sounds, providing minimal protection or rescue work, preventing a child with autism from wandering away.” 20 It goes on to further include “pulling a Service Animals The ADA provides multiple

Oklahoma has no specific law concerning service animals. Thus, one should look to the ADA to fill this role.

that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability.” 27 It includes “animals specifically trained or equipped to perform tasks for a person with a disability, or an emotional sup port animal that provides support to a person with a disability who has a disability-related need for such support.” 28 serve people by providing comfort and emotional well-being. These animals are not trained to assist with a person’s disability in any specified manner. As it concerns federal law, the ADA excludes “emotional sup port animals.” 29 However, the U.S. Fair Housing Act does provide for assistance animals that offer “emotional support that alleviates one or more identified symptoms or effects of a person’s disability” 30 with no “requirement that the animal be trained.” 31 Emotional Support Animals Emotional support animals

wheelchair or fetching dropped items.” 21 It concludes, a dog “that is individually trained to do work or perform tasks for the benefit of an individual with a disability, includ ing a physical, sensory, psychiatric, intellectual or other mental disabil ity.” 22 Title III includes the service of only one other species than a dog as being a qualifying service animal, a miniature horse. Title I “employ ment” of the ADA does not provide a definition of a service animal but does mandate employers to make “reasonable accommodations” for people with disabilities. 23 Oklahoma has no specific law concerning service animals. Thus, one should look to the ADA to fill this role. Oklahoma does have a law that punishes individuals who attempt to unlawfully claim their pet as a service animal regarding the rental of a home. 24 forth the federal classification of an “assistance animal.” It may be either 1) an individually trained dog or 2) a “support animal,” 25 which could be a “common household animal” ( i.e. , dog, cat or rabbit) or a “unique animal” ( i.e. , otter, pig or monkey). 26 Under Oklahoma’s Title 41, an “assistance animal” is “an animal Assistance Animals The U.S. Fair Housing Act sets

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

MARCH 2024 | 29

THE OKLAHOMA BAR JOURNAL